Ajax man cleared in killing
Judge at 2021 bail hearing found accused had a ‘very strong’ self-defence argument based on evidence man engaged in a ‘racist conspiracy’ to rob him
A young Black Ajax man has been cleared of murder in the killing of a white Kingston man with a lengthy criminal record, instead pleading guilty to a firearms offence.
Vaughan Roberts, 21, had previously been charged with seconddegree murder and attempted murder over the Aug. 12, 2021, shooting death of Jason Wagar at a Kingston apartment. A judge at Roberts’ 2021 bail hearing found he had a “very strong” self-defence argument based on evidence Wagar engaged in a “racist conspiracy” to rob him — a possible hate crime, the judge said.
Roberts instead pleaded guilty Wednesday morning to possessing a loaded restricted firearm and will be sentenced on that charge alone. The outcome effectively clears Roberts of murder in Wagar’s shooting death. Roberts, who had no criminal record, was released following his December bail hearing and will remain out of custody on bail pending sentencing on the firearms offence.
At the bail hearing, the Crown alleged Roberts, who was visiting in Kingston, got into an argument with Wagar, who was known to be violent. The Crown alleged Roberts shot Wagar four times, killing him.
Selwyn Pieters, Roberts’ lawyer, argued at the bail hearing that his client was set up for a robbery by Wagar and others.
Pieters pointed to messages obtained by police that “show the use of racist remarks and slurs, in particular ‘n-----,’ in reference” to Roberts and “other Black people in the Kingston area,” as they “geared up” for the robbery. Wagar died during a “racially-motivated violent robbery he orchestrated on the ‘n-----s,’ ” Pieters said at the hearing.
Superior Court Justice Marc Smith in his bail ruling highlighted weaknesses in the Crown’s case and a “very strong” self-defence argument.
“The evidence before me demonstrates that Mr. Roberts was the victim of a racist conspiracy and attacked immediately preceding the incident in question,” said Smith, releasing Roberts on bail.